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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to respite care in the state Medicaid program.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires the Department of Health to apply for a Medicaid waiver for the provision
13 of respite services to individuals with a disability in the state Medicaid program;
14 and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 62A-5-102, as last amended by Laws of Utah 2013, Chapter 172
23 ENACTS:
24 26-18-410, Utah Code Annotated 1953
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 26-18-410 is enacted to read:
28 26-18-410. Medicaid waiver for limited respite services.
29 (1) As used in this section:
30 (a) "Program" means the limited respite services program described in Subsection (3).
31 (b) "Respite services" means services provided on a short-term basis to a participant
32 who is unable to care for himself or herself, due to the absence or need for relief of an
33 individual who normally provides care to the participant.
34 (2) The department shall apply, no later than June 30, 2015, for a home and community
35 based services waiver with the Centers for Medicare and Medicaid Services within the United
36 States Department of Health and Human Services to implement, within the state Medicaid
37 program, the program described in Subsection (3).
38 (3) If the waiver described in Subsection (2) is approved, as funding permits, the
39 department shall provide limited respite services to an individual who:
40 (a) otherwise qualifies for Utah's Community Supports, home and community based
41 services waiver for individuals with intellectual disabilities and other related conditions;
42 (b) requires only respite services; and
43 (c) is randomly selected for participation.
44 Section 2. Section 62A-5-102 is amended to read:
45 62A-5-102. Division of Services for People with Disabilities -- Creation --
46 Authority -- Direction -- Provision of services.
47 (1) There is created within the department the Division of Services for People with
48 Disabilities, under the administrative direction of the executive director of the department.
49 (2) In accordance with this chapter, the division has the responsibility to plan and
50 deliver an appropriate array of services and supports to persons with disabilities and their
51 families in this state.
52 (3) Within appropriations from the Legislature, the division shall provide services to
53 any person with a disability who is eligible to receive division services.
54 (4) (a) Starting on July 1, 2013, any new appropriations designated to serve eligible
55 persons waiting for services from the division shall be allocated as [
56 section.
57 (b) Eighty-five percent of the money appropriated in Subsection (4)(a) shall be
58 allocated, as determined by the division by rule based on the:
59 (i) severity of the disability;
60 (ii) urgency of the need for services;
61 (iii) ability of a parent or guardian to provide the person with appropriate care and
62 supervision; and
63 (iv) length of time during which the person has not received services from the division.
64 (c) The division may use funds described in Subsection (4)(b) that are not spent by the
65 division at the end of the fiscal year, as described in Subsection (7).
66 [
67 allocated for respite services, and the division shall:
68 (i) establish rules to identify a person whose only need is respite services;
69 (ii) allocate money under this Subsection [
70 described in Subsection [
71 (iii) if all persons described in Subsection [
72 there is money remaining for respite care under this Subsection [
73 shall use the remaining money as described in Subsection (4)(b).
74 [
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76 (b) If a home and community based services waiver is approved for a limited respite
77 services program, as described in Section 26-18-410, the division shall implement the limited
78 respite services program, in collaboration with the Department of Health, in place of the respite
79 services described in Subsection (5)(a) and shall use the money described in Subsection (5)(a)
80 for the services described in Subsection (4)(b).
81 [
82 (a) has the functions, powers, duties, rights, and responsibilities described in Section
83 62A-5-103; and
84 (b) is authorized to work in cooperation with other state, governmental, and private
85 agencies to carry out the responsibilities described in Subsection [
86 [
87 under Title XIX of the Social Security Act, the division shall ensure that the services and
88 support that the division provides to any person with a disability:
89 (a) are provided in the least restrictive and most enabling environment;
90 (b) ensure opportunities to access employment; and
91 (c) enable reasonable personal choice in selecting services and support that:
92 (i) best meet individual needs; and
93 (ii) promote:
94 (A) independence;
95 (B) productivity; and
96 (C) integration in community life.
97 [
98 (b) If an individual receiving services under Subsection (4)(b) or [
99 receive those services, the division shall use the funds that were allocated to that individual to
100 provide services to another eligible individual waiting for services as described in Subsection
101 (4)(b).
102 (c) Funds unexpended by the division at the end of the fiscal year may be used only for
103 one-time expenditures unless otherwise authorized by the Legislature.
104 (d) A one-time expenditure under this section:
105 (i) is not an entitlement;
106 (ii) may be withdrawn at any time; and
107 (iii) may provide short-term, limited services, including:
108 (A) respite care;
109 (B) service brokering;
110 (C) family skill building and preservation classes;
111 (D) after school group services; and
112 (E) other professional services.
Legislative Review Note
as of 2-19-15 3:35 PM
Office of Legislative Research and General Counsel